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MINUTES OF THE MEETING OF THE BAROSSA COUNCIL held on Tuesday 16 March 2021 commencing at 9.00am in the Council Chambers, 43-51 Tanunda Road, Nuriootpa
1.1 WELCOME Mayor Bim Lange declared the meeting open at 9.00am.
1.2 MEMBERS PRESENT Mayor Bim Lange, Crs Russell Johnstone, Leonie Boothby, Tony Hurn, David de Vries, David Haebich, Don Barrett, Cathy Troup, Richard Miller, Kathryn Schilling.
1.3 LEAVE OF ABSENCE Cr Carla Wiese-Smith
1.4 APOLOGIES FOR ABSENCE Cr John Angas
MOVED Cr de Vries
That Council receive the apology from Cr Angas.
Seconded Cr Miller CARRIED 2018-22/392
1.5 MINUTES OF PREVIOUS MEETINGS – FOR CONFIRMATION
MOVED Cr Hurn
That the Minutes of the Council meeting held on Tuesday 16 February 2021at 9.00am, as circulated, be confirmed as a true and correct record of the proceedings of that meeting.
Seconded Cr Miller CARRIED 2018-22/393
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1.6 MATTERS ARISING FROM PREVIOUS MINUTES
AMENDMENT OF MOTION 2018-22/38 – COMMUNITY TRANSPORT ELIGIBILITY / FULL COST RECOVERY MODEL B10859
MOVED Cr de Vries
That Council approve the amended Minutes of the Council Meeting held 18 February 2020, in particular Resolution No. 2018-22/38, to read:
2.1 A plan is developed for a 12 month trial period during the 2020-21 financial year for opening up Flashcab hire to all community members requiring the use of a wheel chair accessible vehicle and prioritising those residing within the Barossa & Light region during the trial period
Seconded Cr Troup CARRIED 2018-22/394
1.7 PETITIONS
MOVED Cr de Vries
That:
(1) The petition be received and the Director – Works and Engineering Services provide an appropriate response to the author of the petition. (2) Council staff include the sealing of Goldfields Road, Cockatoo Valley between Balmoral Road and Green Gully Road for consideration by the New Initiative process in the Financial Year 2021-22 Annual Budget and Business Plan Process.
Seconded Cr Johnstone CARRIED 2018-22/395
1.8 DEPUTATIONS Nil
1.9 NOTICE OF MOTION Nil
1.10 QUESTIONS – WITH OR WITHOUT NOTICE Nil
2. MAYOR
2.1 MAYOR’S REPORT
MOVED Cr Boothby
That the Mayor’s report be received.
Seconded Cr Barrett CARRIED 2018-22/396
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3. COUNCILLOR REPORTS Nil
4. CONSENSUS AGENDA
5. ADOPTION OF CONSENSUS AGENDA
5.1 ITEMS FOR EXCLUSION FROM THE CONSENSUS AGENDA Nil
5.2 RECEIPT OF CONSENSUS AGENDA
MOVED Cr Johnstone
That the information items contained in the Consensus Agenda be received and that any recommendations contained therein be adopted.
Seconded Cr Miller CARRIED 2018-22/397
5.3 DEBATE OF ITEMS EXCLUDED FROM THE CONSENSUS AGENDA Nil
6. VISITORS TO THE MEETING / ADJOURNMENT OF MEETING
Refer to page 2021/328
7. DEBATE AGENDA
7.1 MAYOR – DEBATE
7.1.1 ANNUAL PERFORMANCE AND REMUNERATION REVIEW OF CHIEF EXECUTIVE OFFICER (CEO) B11778
Pursuant to S120(1) of the Local Government Act 1999, Mr Martin McCarthy as Chief Executive Officer, disclosed a conflict of interest in the matter 7.1.1 Annual Performance and Remuneration Review of Chief Executive Officer (CEO) as it relates directly to his performance outcomes and contractual conditions of employment and the management of these matters.
Mr McCarthy advised Council of the conflict of interest and left the meeting at 9.14am.
MOVED Cr Boothby
That Council undertakes the 2021 annual review of the Chief Executive Officer’s performance and remuneration facilitated by an external consultant (with relevant administrative support provided by the Executive and Project Support Officer) and appoints Mayor Lange, Deputy Mayor Johnstone and Councillors (up to 3) Cr Troup, Cr Miller, and Cr Schilling to the Chief Executive Officer Performance Review Committee for the conduct of the 2021 process.
Seconded Cr Schilling CARRIED 2018-22/398
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PURPOSE The annual review of the Chief Executive Officer’s performance is due by the June meeting of Council. A committee is required to be appointed to coordinate the review in accordance with the Contract of Employment.
REPORT Introduction The Local Government Act 1999, along with the Chief Executive Officer’s employment contract, requires that the performance of the CEO be regularly assessed being at least annually.
Discussion It is recommended the review commence in April this year so that it is completed by June to coincide with the anniversary date of the CEO’s contract being 4 June. The past years has seen the review not completed until late July, some six weeks after the anniversary date.
For the past seven reviews Council has elected to undertake the review process utilising internal expertise and our survey tool rather than outsourcing to a management consultant at significant cost, this has worked well. The internal process has been supported by internal resources limited to conducting and collating the survey results. Council, under the contract of employment can engage a relevant external agency to undertake the review. There are many consultants that can undertake the work if necessary and if Council elect to do so, quotes will be sought from three suppliers and consultation with the CEO, as is required by the contract.
As part of the contract of employment with the CEO the Performance Review Committee conducts the review and shall consist of the Mayor, Deputy Mayor and up to three Councillors, or, where agreed with the CEO, additional members.
The Council needs to determine if it will conduct the review internally supported by an officer or engage an independent consultant. The CEO needs to concur with the officer or consultant so appointed. If the review is conducted through our internal process it will be supported by the Executive and Project Support Officer, Ms Harding. The annual review of the CEO’s remuneration package can be included in this process but in any case must be done within one month of the performance review. Consultation has occurred with the CEO and he is happy to have Ms Harding support the process administratively, and to conduct both the review and remuneration review process together by the Performance Review Committee.
If the internal process is selected by Council the process commences with a meeting of the committee with the internal support officer to review the survey questions, timeframes and other administrative matters. The process then proceeds in the following manner:
1. Members, direct reports to the CEO and any other officers (internal or external) agreed between the Committee and CEO undertake the survey; 2. The Committee and CEO review survey results including year to year comparisons and address any areas of material difference in performance outcomes; 3. The CEO will present to the Committee a summation of the year (to date) and suggested targets for the following year which the Committee will review and provide further input;
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4. CEO will present (if remuneration also part of the Committees responsibility) to the Committee remuneration assessment for review as compared to the contract of employment, independent survey data and other considerations; and 5. The finalisation is completed with a full report to Council to review the yearly report of CEO, any other relevant documentation, remuneration assessment, targets and survey results.
As Mayor I may also provide a summary of the process and performance findings.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES Nil
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS Community Plan
How We Work – Good Governance - Accountable
Legislative Requirements Chapter 7, Part 1 Local Government Act 1999 Section 107 Local Government Act
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS Requires only internal resources if undertaking internal process. There is no budget allocation for an external review as the prior and the current Council was satisfied it could be managed appropriately with the internal process. If Council wish to engage an external provider a budget adjustment would be necessary. An estimated cost for such an external review would be in the order of $8,000 - $12,000.
COMMUNITY CONSULTATION Consultation is not required under policy or legislative requirements.
Mr McCarthy returned to the meeting at 9.32am.
6.1 VISITORS TO THE MEETING
Volunteer Recognition Presentation at 9.32am Bill Biscoe Wally Hearn Claire Hein Elly Monfries Ann Yates Colin Yates
MOVED Cr de Vries
The Mayor with approval of two-thirds of the members present suspended the meeting procedures pursuant to Regulation 20(1) of the Local Government (Procedures at Meetings) Regulations 2013, for a period sufficient to facilitate formal photographs taken of the recipients recognised and will resume at the discretion of the Mayor.
SECONDED Cr Johnstone CARRIED 2018-22/399
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Meeting suspended at 9.42am.
Resumption of meeting at 9.47am.
7.2 EXECUTIVE SERVICES - DEBATE
7.2.1 CHIEF EXECUTIVE OFFICER
7.2.1.1 COVID-19 RECOVERY PLAN AND TARIFF IMPACT UPDATE B10833-6
MOVED Cr Barrett
That Council, having reviewed and considered the current impacts of COVID-19 and tariff policy on wine exports to China approve the updated COVID-19 Recovery Plan and Tariff Impact Response V2.1 as presented at Attachment 1.
Seconded Cr Johnstone CARRIED 2018-22/400
PURPOSE To report tables and seeks review and approval for the second version of Councils COVID-19 Recovery Plan with the inclusion of support for recent wine tariff impacts.
REPORT Council are acutely aware of the work undertaken to date by the community and Council in support of the State and Commonwealth Government in responding to the COVID-19 risk. During this period of response a further impact on the community and its economy in the form of tariff on wine exports to China occurred. These events, whilst separate have similar impacts and has been determined to combine them into an updated plan and response document. The document is at the Attachment 1 and is version 2.1 of the COVID-19 Recovery Plan and Tariff Impact Response.
To date response and recovery to COVID-19 has been consistent with the adopted plan of May 2020. The plan was envisaged to be a flexible document that would respond to changing circumstances and need. The plan has been updated and further recommendations made in integrate response to the imposition by China of tariff’s on wine.
Specifically it is recommended that:
1. Funding to the wine industry be set aside and used to assist industry match future State or Commonwealth Grants in addressing the China tariff impacts. 2. Support BGWA with seed funding as requested, consistent with support provided to other projects and tourism. 3. Redirect funding to support the development of a long term destination marketing plan supported by Tourism Barossa, BGWA, and RDA Barossa. 4. Remove some responses that are no longer deemed necessary or have been effectively dealt with through State or Commonwealth programs and publicity. 5. Recognise the Barossa sub-regions and townships program approved by Council in October 2020.
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6. Utilise funding to set aside for rebates and remissions to support industry funding support, noting only one application has been forthcoming at this time. 7. Defer future unspent grant funding for future initiatives.
The net impact on the financial position is nil as demonstrated at the Appendix on page 31 of the revised recovery plan.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES COVID-19 Recovery Plan and Tariff Impacts Response Version 2.1
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS Community Plan
Natural Environment and Built Heritage
Community and Culture
Infrastructure
Health and Wellbeing
Business and Employment
How We Work – Good Governance
All strategies
Legislative Requirements Local Government Act
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS These have been outlined in the plan.
COMMUNITY CONSULTATION Community consultation is not required however officers have engaged with industry groups and many other groups as part of its response to COVID-19 and tariff impacts and many of the policy responses are derived from these interactions.
7.2.1.2 AMENDMENT TO PROCUREMENT THRESHOLDS B2342
MOVED Cr de Vries
That Council, having reviewed and considered the purchasing thresholds approve the revised thresholds contained at Attachment 1and authorise the Chief Executive Officer to update the administrative process to align to this policy position.
Seconded Cr Miller CARRIED 2018-22/401
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PURPOSE To report seeks Council to review purchasing thresholds given they have not been adjusted since 2018 and the managed risk environment Council operates.
REPORT Council are acutely aware of the work undertaken to achieve The Big Project, other capital and large operating contracts (like waste). The current thresholds as presented have not been adjusted for three years. Since that time Council has been successful in delivering many projects for the community in a managed environment. Furthermore, Council has endorsed an updated enterprise risk system. Also Council delegates to the Chief Executive Officer who then sub-delegates powers to spend Council funds.
The Chief Executive Officer can spend any approved budget and Directors any approved budget in their budget responsibilities.
The ability to procure services is mismatched with these expenditure requirements. In the normal course of business this does not cause many issues as there is sufficient delegation in the procurement framework to accommodate the vast majority of business. When the costs increase however, we are experiencing delays. By way of example, Council has approved $3.53M for the Angas Recreation Park upgrades. The project is well known and approved by Council. The current procurement thresholds requires that parts of the project will need to come back to Council for approval, although it is overall in accordance with Councils authorisation, this delays the project. This barrier is being reached more often as costs increase and we achieve success around many grant applications.
It is recommended that Council increase the procurement threshold that the CEO can approve projects in the Capital Budget for up to $4,000,000 so as to ensure more efficient decision making and expenditure of funds on projects already approved. Of course if a project cannot be achieved within budget, this must always come back to Council to either change the service level or increase the budget.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES Relevant Extract of the Procurement Planning, Sourcing and Selection Process
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS Community Plan
Natural Environment and Built Heritage
Community and Culture
Infrastructure
Health and Wellbeing
Business and Employment
How We Work – Good Governance
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All strategies
Legislative Requirements Local Government Act
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS Nil impact.
COMMUNITY CONSULTATION Community consultation is not required.
7.2.2 FINANCE
7.2.2.1 MONTHLY FINANCE REPORT (AS AT 28 FEBRUARY 2021) B411
MOVED Cr Boothby
That the Monthly Finance Report as at 28 February 2021 be received and noted.
Seconded Cr de Vries CARRIED 2018-22/402
PURPOSE The Uniform Presentation of Finances report provides information as to the financial position of Council, including notes on material financial trends and transactions.
REPORT Discussion The Monthly Finance Report (as at 28 February 2021) is Attached. The report has been prepared comparing actuals to the Original adopted budget 2020/21 incorporating the Revised Budgets for September and December.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES Attachment 1: Monthly Finance Report 28 February 2021
Policy Budget & Business Plan and Review Policy
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS Corporate Plan How We Work – Good Governance
6.2 Ensure that Council’s policy and process frameworks are based on principles of sound governance and meet legislative requirements. 6.3 Align operational strategy to strategic objectives and measure organisational performance to demonstrate progress towards achieving our goals.
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6.4 Ensure that decisions regarding expenditure of Council’s budget are based on an assessment of whole of life costs, risks associated with the activity and advice contained within supporting plans. 6.9 Provide access to Council’s plans, policies and processes and communicate with the community in plain English. 6.16 Provide contemporary internal administrative and business support services in accordance with mandated legislative standards and good practice principles.
Legislative Requirements Local Government (Financial Management) Regulations 2011 - Reg 9(1)(b) LGA Information paper no. 25 – Monitoring Council Budget Performance
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS Financial To enable Council to make effective and strategic financial decisions, a regular up to date high level financial report is provided.
COMMUNITY CONSULTATION Community Consultation was part of the original budget adoption process in June/July 2020, as per legislation. This report is advising Council of the monthly finance position compared to that budget.
7.3 CORPORATE AND COMMUNITY SERVICES - DEBATE
7.3.1 MANAGER COMMUNITY AND CULTURE
7.3.1.1 DEED OF VARIATION – COMMONWEALTH HOME SUPPORT PROGRAM B10823
MOVED Cr de Vries
That Council:
(1) Note pages 5 - 10 of the Commonwealth Standard Grant Agreement (Agreement ID 4-7RK0SLP) – Version 5 – September 2019 – in relation to Sector Support and Development; (2) Provide approval for the Mayor and Chief Executive Officer to affix the seal and sign the Deed of Variation in relation to Home Support in accordance with section 38 of The Local Government Act 1999.
Seconded Cr Schilling CARRIED 2018-22/403
PURPOSE That approval be provided for the Mayor and Chief Executive Officer to sign and seal the Commonwealth Government Deed of Variation relating to extension of Sector Support and Development funding.
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REPORT
Council’s current Commonwealth Home Support Programme contract includes funding for Sector Support and Development to 30 June 2021. Sector Support and Development funds Council’s Collaborative Project Officer. The Deed of Variation extends the funding to 30 June 2022 and amends the associated grant totals in respect of the approved grant activities.
This extension follows a sector-wide review of the types of activities permissible under Sector Support and Development. Minor changes to reporting and activity planning will follow but it is not anticipated that any changes to service delivery will be required.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES
Attachment 1: Deed of Variation in relation to Home Support – Version 3 – January 2020 (Ref: 21/22078)
Attachment 2: Commonwealth Standard Grant Agreement – Version 5 – September 2019 (Ref: 21/22078)
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS
Community Plan 2020 - 2040 Health and Wellbeing 9.1 Work towards combating loneliness and social isolation and ensuring that people enjoy a sense of inclusion and feel connected
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS Nil
COMMUNITY CONSULTATION Not required as no changes to service delivery are taking place.
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7.4 WORKS AND ENGINEERING SERVICES – DEBATE
7.4.1 DIRECTOR WORKS AND ENGINEERING SERVICES
7.4.1.1 2021 BAROSSA VINTAGE FESTIVAL – VINTAGE PARADE B11739 – 21/14070
MOVED Cr de Vries
That the Commissioner of Police be advised that The Barossa Council endorses the following road closures on Saturday 17 April 2021 for the purpose of the 2021 Barossa Vintage Festival Parade:
Road closure of Murray Street, Tanunda between Gomersal Road and Basedow Road, between 6.00am and 11.00am;
Rolling road closure along Murray Street / Barossa Valley Way, Tanunda commencing at Basedow Road, Tanunda continuing along Barossa Valley Way to Nuraip Road, Nuriootpa between 10.00am and 2.00pm
Road closure of Nuraip Road, Nuriootpa between Barossa Valley Way and Research Road between 7.00am and 2.00pm.
Seconded Cr Troup CARRIED 2018-22/404
PURPOSE A request has been received from the 2021 Barossa Vintage Festival Committee for the temporary closure of a number of roads for the staging of the 2021 Barossa Vintage Festival Parade, which is to be held on Saturday 17 April 2021 leaving Tanunda at 10am.
REPORT Discussion The 2021 Barossa Vintage Festival Program describes the Barossa Vintage Festival Parade as “A long-standing Festival tradition, the Vintage Festival Parade is a guaranteed show-stopper guaranteed to entertain, amuse and delight”.
The Vintage Festival Parade is to be held on Saturday 17 April 2021 under an amended format due to current COVID-19 restrictions. It is planned to assemble the Parade in Heinemann Park, Tanunda and along a closed section of Murray Street. The Parade will commence at approximately 10.00am and travel from Tanunda toward Nuriootpa disbursing along Nuraip Road. Road closures will be required in both Tanunda and Nuriootpa to accommodate the formation and disbursement of the parade floats.
ALTUS Traffic has been engaged by the organisers to provide and implement all required road closures and traffic management with the support of emergency services and Council Operations staff.
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Parade Organisers have met with SAPOL and SA Health throughout planning discussions to ensure the event will comply completely with the current COVID safe requirements, and those discussions have identified a requirement to modify the 2021 event to enable the parade to proceed in a COVID safe environment for participants and the attending public.
SA Health will assess the Parade COVID Safe Event Plan once submitted by organisers and the organisers will be bound by any restrictions the SA Health assessment may stipulate.
The result of initial meetings with SA Health requires organisers to closely monitor the start and finish locations of the parade, QR codes will be operational at Heinemann Park and venue number limits will be policed and enforced on the day. COVID Marshalls will also be in attendance along the Parade route assigned to apply COVID directions and restrictions.
The closure of Murray Street, Tanunda between Gomersal Road and Basedow Road will allow for the spacing of floats and participants and the Parade order will be controlled by the numbering of each float entry and the Parade will proceed in that numerical order.
Organisers have engaged ALTUS to implement and monitor the road closure along the Parade route with the assistance of approximately 50 Barossa Vintage Festival Traffic Marshalls (accredited by SAPOL) stationed at side roads to ensure vehicles do not enter the Parade route, supported by 9 Council Operations Team members stationed across the route at identified stress points.
The Parade will not finish in Nuriootpa in 2021 due to the complexity of maintaining a COVID safe environment for all parties. The larger vehicles in the Parade will be directed to disburse along the closed section of Nuraip Road and the smaller vehicles will continue along Barossa Valley Way. ALTUS will implement a full road closure along the section of Nuraip Road between Barossa Valley Way and Research Road.
Temporary parking restrictions in side streets surrounding the Parade route may be implemented as required for the formation and disbursement of the Parade and the safety of the public. Detours will be in place at each end of the Parade route to assist traffic navigate the area.
Temporary VMS signs will be installed by Council, one near Heinemann Park and one north of Nuraip Road, Nuriootpa prior to the Parade to provide advance notice of the Parade road closures.
Summary and Conclusion Organisers have prepared a COVID Safe Plan for the event and will be directed by SA Health in all matters relating to the management and implementation of the Parade. Organisers have engaged ALTUS to implement the road closure along the Parade route with the assistance of approximately 50 Barossa Vintage Festival Traffic Marshalls (accredited by SAPOL) and Council Operations staff.
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Emergency Services will provide lead and tail vehicles to the Parade, dependent on rostering.
All road closures will reopen as soon as practical once the Parade has passed.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES Nil
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS Community Plan Community and Culture
Health and Wellbeing
5. We are a strong community that is welcoming, safe and enjoys a quality lifestyle that celebrates our local identities, diversities, cultures and histories including our Aboriginal heritage. 5.1 Support the development of activities that celebrate the history, art and culture of the Barossa and its people.
10. Our region enjoys the benefits of sustainable community groups, networks and facilities that encourage everybody to participate in the community. 10.3 Build on the capacity of community members to participate in cultural, creative, recreational, sporting and learning opportunities.
Legislative Requirements Local Government Act 1999 Road Traffic Act 1961
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS Financial and Resources - The cost and implementation of the road closure is funded by organisers.
The in-kind cost of providing 9 Operations team members to support organisers with road closures (approximately $8,500.00) and advance notice VMS signs implemented by Council Operations staff is funded via Council’s Road Closure - Support budget.
Risk management – SAPOL, SA Health and Council officers deem the road closure necessary as a risk mitigation strategy to maintain the safety of participants and the general public.
ALTUS will monitor the road closures under their care and control and reopen the road/s as soon as practical after the Parade passes.
Council Operations staff will provide local support to the ALTUS road closures by placement at strategic points to help with congestion of vehicle movement detouring the district and under their care and control.
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COMMUNITY CONSULTATION The community will be advised of the proposal by public advertisements to be placed in The Leader and also via placement of the SAPOL notice on Council’s website.
7.4.1.2 DRAFT CEMETERY MANAGEMENT POLICY - RELEASE FOR PUBLIC CONSULTATION B10646 – 20/45078 – 20/56476
MOVED Cr Miller
That Council:
(1) Approve the release of the draft Cemetery Management Policy for public consultation commencing 24 March 2021 and concluding 5pm 14 April 2021. (2) Adopts the Draft Cemetery Management Policy as a Policy of Council, at the immediate conclusion of the public consultation period, in the absence of any written submission being received. (3) Require Officers to bring a further report to Council with the outcome of the consultation and recommendations following conclusion of the consultation period if any written submissions are received.
Seconded Cr Hurn CARRIED 2018-22/405
PURPOSE To seek release of the draft Cemetery Management Policy for public consultation.
REPORT Background The Burial and Cremation Act 2013 places responsibilities on Councils to ensure that the cemeteries and other interment sites under direct or indirect Council control are properly managed and that appropriate records are kept.
A Draft Cemetery Management Policy has been prepared which provides a framework to guide Council and its officers in the management of the seven operational cemeteries under Council care and control.
Discussion It is considered prudent to adopt a Council policy, outlining Council’s objectives and principles in discharging its obligations under the Act. Having such a policy is considered best practice rather than a legal requirement. It will provide consistency, transparency and guidance to the community, Council and its officers.
The Draft Cemetery Management Policy has been based on the “Model Policy and Guide for Councils to the Burial and Cremation Act 2013 (SA)” distributed by the Local Government Association of South Australia in January 2015, together with research from other SA Councils.
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The draft policy was presented to the Council Organisational Management Group and Workers in August 2020 and to the Elected Member workshop helped 3 February 2021.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES Attachment 1: Draft Cemetery Management Policy – 20/45078 Attachment 2: Communications Plan – 21/19579
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS Community Plan
Infrastructure
6. The Barossa maintains and develops infrastructure that meets the needs of the region and is efficient. 7. Community infrastructure planning is aligned to both current and the future needs of the community. 6.2 Continue to ensure that infrastructure considers place-making is inclusive and accessible for all. 7.1 Build on sound asset management practices to deliver sustainable services to ensure that infrastructure is adequate to support the community. 7.2 Ensure both current and future infrastructure needs are met in a proactive rather than reactive way.
Legislative Requirements The Burial and Cremation Act 2013
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS Financial Considerations The cost of community consultation will be met from the existing Cemetery Operating budget line 579-820. There are no other known financial considerations.
Resources There are no known resource considerations. The document does not provide specific examples. Guidelines or service level statements about specific matters may be determined later if necessary.
Risk Management The draft Policy is not a legal requirement but is considered best practice. It has been based on existing approaches to cemetery management and provides formal guidance to Council and Council officers.
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COMMUNITY CONSULTATION The Draft Cemetery Management Policy will be released for public consultation from 24 March 2021 to 14 April 2021, in accordance with Council’s Public Consultation Policy.
A draft Community Consultation Plan detailing the proposed approach to the consultation process is provided as Attachment 2.
7.4.1 DIRECTOR WORKS AND ENGINEERING SERVICES
7.4.1.3 INFRASTRUCTURE ASSET MANAGEMENT PLAN - ADOPTION B11500 – 21/14300
MOVED Cr Boothby
That: (1) Council receives the responses submitted, and (2) Council adopts the Infrastructure Asset Management Plan 2020-2030.
Seconded Cr Haebich CARRIED 2018-22/406
PURPOSE To formally adopt the Infrastructure and Asset Management Plan 2020-2030.
REPORT Discussion Under the Local Government Act, Council is required to have a number of Strategic Management Plans, of which the Infrastructure Asset Management Plan (IAMP) is one.
The IAMP needs to be reviewed by Council within 2 years following a Council election. Council received a 6 month extension due to COVID-19.
As a key strategic document of Council and a legislated requirement, to maximise the opportunity for the community to provide feedback, a three week public consultation period for the IAMP was approved at the 15 December 2020 meeting of Council and the document was available for public consultation between 20January and 10 February 2021. The final document must be formally adopted by Council, by March 2021.
Summary and Conclusion A summary of the responses received during the public consultation period is provided in the Project Report – see attached. All feedback has been noted and responded to.
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Each item of feedback that can be addressed by Councils Customer Request Management System and programmed as part of normal Council business has been entered into the system.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES Attachment 1 – Project Report – Your Say Barossa Draft Infrastructure Asset Management Plans Attachment 2 – Infrastructure Asset Management Plan 2020-2030 – 20/56240
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS Community Plan Infrastructure
6. The Barossa maintains and develops infrastructure that meets the needs of the region and is efficient. 6.2 Continue to ensure that infrastructure considers place-making is inclusive and accessible for all. 7. Community infrastructure planning is aligned to both current and the future needs of the community. 7.1 Build on sound asset management practices to deliver sustainable services to ensure that infrastructure is adequate to support the community. 7.2 Ensure both current and future infrastructure needs are met in a proactive rather than reactive way.
Corporate Plan 3.2 Ensure Council’s parks, gardens and playgrounds are accessible, relevant, and safe and maintained to an agreed level of service. 3.3 Ensure Council’s sporting, recreational and leisure building facilities and associated programs meet the current need of the community to an agreed level of service. 3.4 Ensure Council’s sporting, recreation and leisure grounds and playing arena and associated programs meet the current need of the community to an agreed level of service. 3.6 Maintain and improve transport infrastructure to support economic, social and tourism activity within available resources and acceptable levels of service. 3.8 Ensure Council owned roads, bridges, footpaths, tracks and car parking are accessible, safe and maintained to an agreed level of service. 3.9 Ensure Council facilities and assets are accessible, safe and maintained to an agreed level of service. 3.10 Ensure Council owned stormwater infrastructure are accessible, safe and maintained to an agreed level of service. 3.12 Ensure Council owned waste water systems are safe and maintained to an agreed level of service.
Legislative Requirements Section 122 Local Government Act 1999 Section 50 Local Government Act 1999
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FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS The review of the IAMPS may identify priority work that will require funding as part of Council’s annual budget process.
COMMUNITY CONSULTATION Public Consultation has been completed as per Section 50(4a) Local Government Act, Council published a notice in a newspaper circulating in The Barossa Council region describing the matter for which public consultation was required and invited interested persons to make submissions to the Council within the advertised period.
7.4.1 DIRECTOR’S REPORT
7.4.1.4 PROPOSED ROAD CLOSURE – 2021 BAROSSA AIR SHOW B11739 – 21/21377
MOVED Cr Haebich
That the Commissioner of Police be advised that The Barossa Council endorses Koch Road, Rowland Flat between Barossa Valley Way and Nitschke Road be closed for east bound traffic between 8.00am and 5.00pm on Sunday 11 April 2021, for the 2021Barossa Air Show.
Seconded Cr Hurn CARRIED 2018-22/407
PURPOSE A request has been received from the Rotary Club of Barossa Valley for the closure of Koch Road, Rowland Flat for east bound traffic from Barossa Valley Way to Nitschke Road between 8.00am and 5.00pm on Sunday11 April 2021, for the Barossa Air Show.
REPORT The Barossa Airshow first took to the skies in 1998, and returns again in 2021 after a break in 2019. On the day there will be aerial entertainment, stalls, affordable food and drink, static displays and family entertainment.
This year the Rotary Club of Barossa has taken on the organising of the event, which was previously hosted by the St Jakobi Lutheran School. Proceeds from the Airshow will benefit Barossa Area Fundraisers for Cancer and the Rotary Club’s own University Scholarships program.
In consultation with SAPOL, the committee has requested the closure of Koch Road to improve pedestrian and traffic safety along Koch Road and the adjacent Barossa Valley Way. Access to the event will be via Krondorf Road and Nitschke Road, and egress from the event will be along Koch Road, with two lanes travelling west bound. Summary and Conclusion
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Council has previously supported this event by organising and implementing the road closure.
The proposed road closure is pursuant to Section 33 of the Road Traffic Act 1961.
The following traffic management controls will also be implemented: no vehicles be permitted to park along Koch Road between Barossa Valley Way and the Koch Road railway crossing, and
the speed limit on Barossa Valley Way be lowered to 60km/h between 8.00am and 5.00pm, 600m either side of Koch Road.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES Nil.
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS Community Plan Community and Culture
Health and Wellbeing
5. We are a strong community that is welcoming, safe and enjoys a quality lifestyle that celebrates our local identities, diversities, cultures and histories including our Aboriginal heritage. 5.1 Support the development of activities that celebrate the history, art and culture of the Barossa and its people.
10. Our region enjoys the benefits of sustainable community groups, networks and facilities that encourage everybody to participate in the community. 10.3 Build on the capacity of community members to participate in cultural, creative, recreational, sporting and learning opportunities.
Legislative Requirements Local Government Act 1999 Road Traffic Act 1961
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS Financial and Resources - The in-kind cost and implementation of this road closure will be funded via Council’s Road Closure - Support budget.
Risk management – Council officers deem the closure necessary as a risk mitigation strategy to maintain the safety of participants and the general public.
COMMUNITY CONSULTATION The community will be advised of the proposal by public advertisements to be placed in The Leader and also via placement of the SAPOL notice on Council’s website. Event notification is the responsibility of the event organiser.
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7.5 DEVELOPMENT AND ENVIRONMENTAL SERVICES – DEBATE
7.5.1 DEVELOPMENT SERVICES
7.5.1.1 BUILDING FIRE SAFETY B11173
MOVED Cr de Vries
That Council:
(1) Receive and adopt the draft Building Fire Safety Committee Terms of Reference, as attached to this report at Attachment 1, thus establishing The Barossa Council Building Fire Safety Committee pursuant to section 157 of the Planning, Development and Infrastructure Act 2016 (PDI Act);
(2) Appoint the following persons as members to The Barossa Council Building Fire Safety Committee pursuant to section 157(17) of the PDI Act:
- Mr Julian Aggiss, Country Fire Service - Mr Jonathan Pearce, Metropolitan Fire Service - Mr Peter Xerri, Senior Assessment Officer – Building - Mr Peter Harmer, consultant
(3) Appoint the following persons as Deputy Members to The Barossa Council Building Fire Safety Committee pursuant to section 157(17)(d) of the PDI Act:
- Mr Colin Paton (deputy member for Country Fire Service member) - Mr Darren Chapman (deputy member for Country Fire Service member) - Mr Tom Antal, Assessment Officer - Building (deputy member for The Barossa Council)
(4) Receive, consider and adopt the draft Building Fire Safety Policy as attached to this report at Attachment 2.
Seconded Cr Boothby CARRIED 2018-22/408
PURPOSE Council is asked to: receive and adopt the draft Building Fire Safety Committee Terms of Reference (at Attachment 1) and establish the Building Fire Safety Committee under the Planning, Development Infrastructure Act 2016; appoint members to the Building Fire Safety Committee; and receive and adopt the draft Building Fire Safety Policy, at Attachment 2. REPORT Background The Planning, Development and Infrastructure Act 2016 (PDI Act) requires Council (separately or with one or more other councils) to establish and designate a body to act as an appropriate authority under section 157(17) of the PDI Act. The appropriate authority is responsible for investigating whether commercial building owners are
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Introduction Council has designated The Barossa Council Building Fire Safety Committee (the “Committee”) as the appropriate authority under section 71(19) of the Development Act 1993.
Due to the upcoming commencement of the Planning and Design Code for Phase 3 councils, upon which the PDI Act becomes fully operational, Council is now required to establish and designate the appropriate authority (being the Committee) under the PDI Act so that it may continue its operations upon the PDI Act becoming fully operational.
Discussion The revised Terms of Reference of the Committee are set out in Attachment 1, and establish the Committee under section 157(17) of the PDI Act.
Council is also asked to appoint members and deputy members to the Committee, pursuant to section 157 of the PDI Act.
Council’s Building Fire Safety Policy has also been updated, as it sets out obligations and processes with respect to the Committee’s activities and procedures. The draft Building Fire Safety Policy is attached to this report at Attachment 2.
The Policy and Terms of Reference were reviewed by the current members of the Building Fire Safety Committee. Minor changes were suggested and these have been incorporated into the documents.
Summary and Conclusion Council is now asked to adopt the Building Fire Safety Committee Terms of Reference; appoint members to the Committee; and adopt the draft Building Fire Safety Policy.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES Attachment 1 – draft Building Fire Safety Committee Terms of Reference Attachment 2 – draft Building Fire Safety Policy
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS Community Plan
Natural Environment and Built Heritage
How We Work – Good Governance
Corporate Plan 1.11 Provide transparent, efficient and effective development assessment processes and regulatory activities. 6.2 Ensure that Council’s policy and process frameworks are based on principles of sound governance and meet legislative requirements.
Legislative Requirements Section 157, Planning, Development and Infrastructure Act 2016 and associated Regulations
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FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS No significant impact is anticipated as the Building Fire Safety Committee currently operates under the Development Act 1993 and the operations of the Committee will not change.
Risk is mitigated by ensuring that the Terms of Reference and Policy are based on advice from the Local Government Association and State Planning Commission/ Attorney-General's Department guidelines on Building Fire Safety Committees.
COMMUNITY CONSULTATION None required.
7.5.1.2 DRAFT BUILDING INSPECTION POLICY – CONSULTATION APPROVAL B532
MOVED Cr de Vries
That Council:
(1) Endorse the Draft Building Inspection Policy (with an increase of service level as per Option 3 for general inspections, and option 1 for swimming pools) for a period of public consultation in accordance with Council’s Public Consultation Policy.
(2) Adopts the Draft Building Inspection Policy as a Policy of Council, at the immediate conclusion of the public consultation period, in the absence of any written submission being received.
Seconded Cr Hurn CARRIED 2018-22/409
PURPOSE To seek approval/direction on service levels associated with the implementation of the Planning, Development and Infrastructure Act 2016 (PDI Act) in relation to inspections, compliance and activities undertaken associated with building inspections, and endorse a Draft Building Inspection Policy for public consultation.
REPORT Background Implementation of the PDI Act will see significant changes to the inspections undertaken as a minimum requirement by Councils. There are increased minimum numbers of inspections from current legislation, approximately 25% on current inspection achievements (approx. 500+ inspections).
Introduction Pursuant to Section 42 of the PDI Act, the State Planning Commission (SPC) has issued two Practice Direction associated with inspection regimes:
. Practice Direction 8: Council Swimming Pool Inspections 2019 pursuant to Section 156(5) of the PDI Act for the inspection of swimming pools and related safety features
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to ensure the safety of swimming pools, noting the high risk they can pose, particularly for young children; and
. Practice Direction 9: Council Inspections 2020 for the purposes of Section 144 of the Act that requires the Council to carry out inspections of certain developments within the Council area.
A Draft Building Inspection Policy (the draft Policy) has been prepared which provides a framework to guide officers undertaking inspection and compliance action. In preparing the Building Inspection Policy, Council Administration has taken into account the mandatory requirements in the Practice Directions and a risk assessment approach, taking into account the matters set out in section 144(3) of the PDI Act, as well as other relevant matters.
Discussion The draft Policy was presented at a recent Council Workshop.
Under the current Inspection Policy, Council is required to undertake the following level of service.
. 1x inspection of 66% of DA’s = Footings or Frames (however do ALL notification received) . 90% of owner builder 1a dwellings . Verandahs 10a attached to dwellings . 100% of pools notified . 90% of wet areas.
Under the PDI Act, there is a greater expectation of inspections required, with an Inspection Policy to set minimum standards.
. 1x inspection per approval . Certificate of occupancy introduced . Builders to log inspection via portal . Builders apply via portal for a certificate of occupancy to allow owners to occupy dwelling . Additional mandatory fees for inspections, e.g. $240.00 fee for compliance inspection etc. . Additional compliance work.
What does this mean?
. Council to decide the specifics of the Inspection Policy . To decide what service level is to be provided . Additional process and workload to inspect and issue a Certificate of Occupancy per dwelling . Additional revenue in response to average industry failure rates . Additional revenue for expiations ($750.00 per expiation) . Additional processes and workload to execute process.
What notifications does Council receive?
. Commencement on site . Completion of footings . Completion of frames
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. Completion of dwelling . Commencement of pool . Completion of pool . Completion of pool fence . Commercial commencement . Commercial completion.
As presented at the Council Workshop there are three options in respect to service levels for the draft Policy.
Option 1 – Maintain Current Service Levels
- Continue to inspect as many sites as possible during construction, e.g. footings and frames. - Not undertaking any completion inspection. - Retain wet area inspections. - Continue to inspect as many attached 10a verandahs as notified. - No proactive follow up for not receiving notifications.
Option 2 – Risk Approach Service Levels
- 1x Inspection per DA – 1x frame inspection in all areas not listed as a “HIGH Bushfire Zone” (Red). - In HIGH bushfire Zone (Red), a completion inspection to be undertaken (expected to increase compliance activity). This means no inspection during construction. - Remove wet area inspections from Policy. - Continue to inspect as many attached 10a verandahs as notified. - No proactive follow up for not receiving notifications.
Option 3 – Maintain and Increase Service Levels
- 1x Inspection per DA: 1x frame inspection in all areas including HIGH Bushfire Zones. - In HIGH bushfire Zone (Red), a completion inspection to be undertaken (expected to highly increase compliance activity). - Increase inspections to Commercial and Building Fire Safety, including proactive action. The Barossa Council 21/25202 Minutes of Council Meeting held on Tuesday 16 March 2021
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- Remove wet area inspections from Policy. - Continue to inspect as many attached 10a verandahs as notified. - Proactive follow up of sites approved but have not received notifications for during construction – dwellings and pools.
Proactive Pool Inspection – Increase Service Levels
Following the latest Coroner’s inquiry into the death within the Salisbury Council area the following options to swimming pool inspections are proposed:
Option 1: - Upon notification of a sale via a section 7 search, Council to proactively contact the owner/agent and begin the process to organise an inspection. - An application would need to be lodged by the new owner to ensure record of the pool fence and any alterations to the fence are documented. - Enforcement action to be taken immediately, as the sale won’t be held off if the Section 7 search is given to the agent, and therefore potentially making the compliance issue the new owners problem without any prior knowledge.
Option 2: - This service can be provided upon request only, however enforcement issue as above would still apply. - Additional administration, inspections and processes etc.
Summary and Conclusion
The draft Policy has been prepared to guide officers in the discharge of inspection or compliance activities.
In recommending the draft Policy, the service levels as outlined in Option 3 are proposed:
Remove wet area inspections. Increase building inspection activity. Increase building compliance activity. Remove wet area inspections. Introduction of building compliance expiations. Introduction of pool inspections prior to sale of a property. Introduction of completion inspections in HIGH Bushfire Zones for dwellings. Increase of inspections in commercial buildings.
In regard to proactive pool inspections, Option 1 is proposed.
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS Community Plan
Natural Environment and Built Heritage
1. The Barossa has sustainable farmland providing diverse and stable returns, while protecting the unique natural environment and biodiversity of the region.
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1.1 Ensure land use planning and resource use protects the quality of the natural environment, the existing character of rural landscapes, historic significance and the high value of agricultural land.
Advocacy Plan 8. Ensure the best possible management of the land use and development framework to preserve the history, heritage and natural assets of the Barossa and support appropriate development.
Corporate Plan 1.11 Provide transparent, efficient and effective development assessment processes and regulatory activities.
Legislative Requirements Planning, Development and Infrastructure Act 2016
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS Risk Management The draft Policy seeks to meet requirement under the PDI Act, and takes into consideration the Practice Directions issues by the State Planning Commission.
The Policy also take into consideration the existing approaches to enforcement and provides formal guidance to Council officers to limit Council’s risk exposure.
Financial Considerations There are no direct financial considerations in approving the draft Policy for consultation.
Under the PDI Act, Council will receive revenue associated with inspection and compliance activity. With the anticipated level of development activity, Council may receive upwards of $98,000 in additional fee revenue under new fees structure.
Resource Considerations Given the new planning system emphasis on making the assessment process more streamlined, it has been long understood that Councils would take on more inspections/compliance activity.
Council currently has two FTE’s associated with building assessment/inspections and a FTE to deal with planning and building compliance.
With the proposed service level within the Policy, it is essential that Council Administration monitor performance against the mandatory inspection/compliance activity to determine where the current resource levels are sufficient to delivery on the outcomes identified within the Policy.
COMMUNITY CONSULTATION It is proposed to undertake a period of public consultation in accordance with Council’s Public Consultation Policy.
Any written submissions received during the consultation period will be tabled at a future Council meeting for Council’s consideration. Otherwise, it is recommended that the Draft Building Inspection Policy is adopted at the immediate conclusion of the public consultation period, in the absence of any written submission being received.
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7.5.2 ENVIRONMENTAL SERVICES
7.5.2.1 CONSIDERATION AND ADOPTION OF COMMITTEE RESOLUTIONS – BAROSSA BUSHGARDENS B11625
MOVED Cr Boothby
That Council receive and note the Minutes of the Barossa Bushgardens S41 Committee Meeting held on 10 February 2021.
Seconded Cr Miller CARRIED 2018-22/410
PURPOSE The Minutes of Council Section 41 Committees are presented for consideration and adoption of Council.
REPORT The consideration and adoption of recommendations of Council Committees to Council requires assessment by Council to ensure compliance with Council obligations under section 6(a) of the Local Government Act. The relevant Minutes received in the past month are hereby presented for Council adoption.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES
Attachment 1: Minutes - Barossa Bushgardens S41 Committee Meeting held 10 February 2021.
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS
Community Plan
Natural Environment and Built Heritage
Community and Culture
Corporate Plan Natural Environment and Built Heritage 1.3 Build on the conservation of the region’s natural heritage including bush eco-systems, grassy woodlands, agricultural landscapes and recreational green spaces. 3.2 Collaborate with partners and our community to support innovative approaches to waste minimisation, and increase reuse and recycling opportunities.
Community and Culture 5.3 Create vibrant public spaces that provide places for creative development, cultural interaction and social connections.
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Legislative Requirements Local Government Act and Regulations Development Act and Regulations
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS Identified within the body of the Minutes, and is included within the endorsed Council Budget.
COMMUNITY CONSULTATION Not required by Council.
7.5.2.2 GAWLER RIVER FLOOD MANAGEMENT - $9M BUDGET FUNDING B11628, 21/19640
MOVED Cr de Vries
That Council:
(1) Acknowledges the State Government’s proposed $9 million support to four ‘no regrets’ projects to improve flood management for the Gawler River, noting that no consultation was undertaken by the State Government prior to arriving at the four nominated projects. (2) Acknowledges the establishment of the Gawler River Floodplain Management Program Steering Committee and associated Project Delivery Group and a Business Case Group (3) Notes the correspondence sent the Chief Executive Officer, Department of Environment and Water and Minister for Environment and Water.
Seconded Cr Johnstone CARRIED 2018-22/411
PURPOSE To advise Council on the proposed $9 Million State Government funding supporting four ‘no regrets’ projects to improve flood management for the Gawler River and the associated governance framework for its delivery.
REPORT Background The 2020-21 State Government Budget allocated $9 Million for Gawler River flood mitigation works.
Budget stated “This initiative provides $ 9 Million over the three years 2022-23 for a range of Gawler River projects aimed at reducing flood risks across the Northern Adelaide Plains. It is envisaged that these projects will deliver new infrastructure to improve flood preparedness as well as reduce the risk and impact of flood damage to assets. The Government will partner with local councils to deliver the full scope of works”.
Introduction Following the announcement Mr, Ian Baldwin, GRFMA Chair and others, met with Mr John Schutz, Chief Executive Officer, Department of Environment and Water (DEW) and other
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At its meeting on 10 December 2020, the Board of the GRFMA were presented with details of the proposed funding initiatives from Ms Cate Hart, Executive Director, Department of Environment and Water.
Key elements: $9 Million over three years. Operating expenditure (grant). Delivered through the Stormwater Management Fund. Local government co-contribution details to be determined. Any infrastructure constructed or upgraded to be owned by GRFMA or constituent council. DEW to recruit a dedicated Project Manager.
John Schutz, CEO of the Department of Environment and Water formally wrote to the Mayor on 31 December 2020 regarding the budget commitment (Attachment 1).
An initial response from the Mayor to John Schutz was provided on 1 February 2021 (Attachment 2), and to the Minister for Environment and Water on 16 February 2021 (Attachment 3).
Discussion The GRFMA has been pursuing both Federal and State funding toward the Northern Floodway Project, which had been identified as a priority project following the 2016 flood. The Authority has been instructed that in order to obtain funding from the Stormwater Management Authority, it will be required to prepare a Stormwater Management Plan.
Under the $9M initiative, there are four ‘no regret’ projects:
Removal of trees following Hillier bushfire, $350k -$370k (Town of Gawler/Light Regional Council) Construction of a drainage system for Virginia, Carmelo and Park Road drain, $3.8 Mil (City of Playford). New control structures (Gawler West, North Para, Nuriootpa), flood warning infrastructure, flood warning levels, $1Mil (GRFMA). Northern Floodway early works, existing levee banks, river survey and works. $3.8 Mil (GRFMA, DEW, DIT, Landscape Boards).
In order to gain access to these funds, the Authority and/or Constituent Councils will also be required to apply to the Stormwater Management Authority.
A Gawler River Floodplain Management Program Steering Committee has been established by the Department for Environment and Water (DEW) to develop agreed outcomes for the Gawler River Floodplain Management Program and ensure delivery of practical actions and long-term strategies for improved flood risk management in the Gawler River catchment.
The Steering Committee is subject to direction by the Chief Executive of the Department for Environment and Water (DEW) and/or the Minister for Environment and Water (MEW).
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The Steering Committee will: • Provide strategic direction and garner high-level stakeholder buy-in to develop and implement a holistic, integrated, partnership approach to flood risk mitigation and hazard management in the Gawler River catchment. • Develop a shared vision and set of objectives to improve flood mitigation and management for the Gawler River catchment. • Lead the development of an agreed Action Plan to deliver on the shared vision and objectives, including: o Identification of short-, medium- and long-term actions; o Identification of and advocacy for potential partnership approaches and sources of funding. • Oversee implementation of the Program, including the agreed Action Plan.
GRFMA Chair Mr. Ian Baldwin is the GRFMA representative on the Steering Committee.
The Steering Committee has two sub-committees:
• a Project Delivery Group to oversee the delivery of the four “no regrets” projects. • a Business Case Group to oversee the development of the longer term solutions for flood mitigation in the Gawler River.
The GRFMA and constituent councils have nominated relevant representation to the subgroups. DEW has placed priority in establishing the subgroups so as to initiate actions to deliver the works in a timely manner.
In announcing the $9 Million funding the State Government clearly identified the following two key provisos:
• Local government co-contribution details to be determined. • Any infrastructure constructed or upgraded to be owned by GRFMA or constituent council.
Summary and Conclusion The State Government Budget allocated $9 Million towards four ‘no regret’ projects associated with Gawler River flood mitigation works. These projects will be overseen by the Gawler River Floodplain Management Program Steering Committee as they also work towards a long term solution for improved flood risk management.
As further information unfolds regard the work of the Steering Committee, further updates will be provided to Council.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES Attachment 1 – Letter from CEO, Department of Environment and Water Attachment 2 – Response letter to CEO, Department of Environment and Water Attachment 3 – Letter Minister of Environment and Water
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS Community Plan
Natural Environment and Built Heritage
Infrastructure
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Natural Environment and Built Heritage 3. We take a proactive approach in responding to key environmental challenges such as climate change, water security and waste management. 3.3 Ensure long term confidence in the Barossa’s capacity to access water to meet its industrial, domestic and environmental needs.
Infrastructure 7. Community infrastructure planning is aligned to both current and the future needs of the community. 7.1 Build on sound asset management practices to deliver sustainable services to ensure that infrastructure is adequate to support the community. 7.2 Ensure both current and future infrastructure needs are met in a proactive rather than reactive way.
Advocacy Plan 9. Work with governments and industry to bring critical water supply to the Barossa.
Corporate Plan 1.7 Maintain and extend existing initiatives to reduce, re-use and recycle water resources.
Legislative Requirements Local Government Act
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS Nil
COMMUNITY CONSULTATION Nil
7.5.4 REGULATORY SERVICES
7.5.4.1 ENFORCEMENT POLICY - POST CONSULTATION APPROVAL B11853
MOVED Cr de Vries
That Council:
(1) Receives and notes the content of the submissions received from the community during the public consultation period. (2) Having considered the submissions and contents of this report, endorse the Draft Enforcement Policy.
Seconded Cr Troup CARRIED 2018-22/412
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PURPOSE To receive and consider submissions received during public consultation and to seek Council’s endorsement to adopt and formalise an Enforcement Policy.
REPORT Introduction At the August 2020 meeting of Council, a Draft Enforcement Policy was endorsed for public consultation.
Due to a number of large community engagement projects being undertaken in the second half of 2020; Council Administration undertook the public consultation during February 2021 and sought community feedback in relation to the Draft Enforcement Policy.
Discussion In accordance with Council’s Public Consultation Policy, a phase of community consultation was undertaken inviting written submissions from the community. The consultation phase commenced on 3 February 2021 and concluded on 23 February 2021. Whilst two responses were received via Your Say Barossa, only one related to the Draft Enforcement Policy. For completeness both responses are provided below.
Submitter Submission Response Action/Recommendation
“Non-compliance is non- compliance. If there is a law, by-law or statute that is not being adhered to then it is non-compliance, no ifs or buts. If you have the bar at one level for everyone there should be no changing it for individuals regardless. End No change to the Policy is Anonymous of discussion. Why should Noted recommended. we (ratepayers) pay Officers to mediate. This also should be applicable to development applications. Minimum allotment size in a rural living zone should not be allowed to sub-divide, otherwise why have the minimum size stated.” [sic]
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“Regarding my previous question on landscaping roadsides. I would like to reply to your answer - it is an absolute shame that Beautifybarossa The Barossa Council Not relevant. Nil doesn't put a high priority on the landscaping and drainage of roadsides entering Tanunda from Kroemers Crossing.”
The low response rate suggests that the community in general, does not appear to have a strong view. As a result no further changes to the draft Policy have been recommended. The Draft Enforcement Policy is provided as Attachment 1, as previously endorsed.
Summary and Conclusion
Officers recommend that Council endorse the Draft Enforcement Policy as a Policy of Council.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES Attachment 1: The Barossa Council – Draft Enforcement Policy Attachment 2: Summary Engagement Report - Your Say Barossa
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS Community Plan
Community and Culture Goal 5: We are a strong community that is welcoming, safe and enjoys a quality lifestyle that celebrates our local identities, diversities, cultures and histories including our Aboriginal heritage.
Strategy 5.2 Create places where people want to live and plan for the future in a coordinated, affordable, appropriate and proactive way.
Corporate Plan
Community and Culture 2.8 Provide opportunities for the community to participate in local Decision-making
2.12 Contribute to a safer community
How We Work – Good Governance 4.7 Address nuisance and environmental risk such as animals, vermin, pest control, illegal dumping on public land and fire prevention.
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6.2 Ensure that Council’s policy and process framework s are based on principles of sound governance and meet legislative requirements.
6.4 Ensure that decisions regarding expenditure of Council’s budget area based on an assessment of whole of life costs, risks associated with the activity and advice contained within supporting plans.
Legislative Requirements The Enforcement Policy is to be used in the administration of several statutes where Council undertake compliance related activity.
FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS Risk Management The Policy is not a legal requirement but is considered best practice. It has been based on existing approaches to enforcement and provides formal guidance to Council and Council officers to ensure consistency, transparency and proportionality. Financial Considerations A majority of the routine enforcement matters are operational in nature and accounted for in existing annual budgeting processes. These existing processes also includes some contingency for legal fees. Where matters are more complex in nature and/or outside of approved budgets, separate reports will need to be presented to Council for consideration. Resource Considerations There are no known resource considerations. The Policy is overarching and does not provide specific examples. Policies or service level statements about specific matters shall be developed or reviewed separately.
COMMUNITY CONSULTATION
In accordance with Council’s Public Consultation policy, the community were invited to provide written feedback and submissions in relation to the draft documents. Consultation commenced on 3 February 2021 and concluded on 23 February 2021. Engagement methods included Council’s yoursay.barossa.sa.gov.au consultation platform, a Public Notice in a local newspaper, hard copy documents at Branch offices and Facebook posts inviting responses from the community. A Summary Engagement Report from Council’s online engagement platform is provided as Attachment 2. The report indicates that two submissions were received. Only one submission related to the Draft Enforcement Policy. For completeness, both submissions have been included in the report.
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7.5.5 WASTE SERVICES
7.5.5.1 HARD WASTE KERBSIDE COLLECTION B11752
MOVED Cr Haebich
That Council adopt the proposed kerbside hard waste collection campaign using Eco Waste Solutions for disposal for financial year 2021/2022.
Seconded Cr de Vries CARRIED 2018-22/413
PURPOSE To provide an overview of the proposed kerbside hard waste collection for the 2021-22 financial year.
REPORT Background In 2019, a series of options was presented to Council (Attachment 1) which led to the exploration of the ‘pop up’ option.
At the Council Meeting held 15 December 2020, Council moved to further consider options of roadside pick-up for hard waste.
Discussion The proposed voucher system (Resolution 3) that was carried at the Council meeting held 15 December 2020 will operate until 30 June 2021.
In response to Resolution 2, Council could look to move this to a two tier system offering a limited number of township kerbside hard waste collections while also having vouchers available to rural properties.
On review of the options, Council Administration has sought to focus on a ‘limited’ kerbside collection based on a voucher system.
Under Council’s current Waste Management Services contract, Solo Resource Recovery (Solo) are able to provide a ‘campaign collection’ hard waste collection to properties on all streets within township areas.
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This service requires a minimum of five hundred collections for the duration of the campaign. The campaign would run for a two month period.
Commencement of operation as outlined in the original Tender specification would occur in early October and conclude early December. Solo have indicated that there would be opportunity to nominate a different period of operation providing that it fits within existing operations and only spans a two month period.
Council would be responsible for the promotion of the campaign and information is to be provided to residents at least two weeks in advance of the collection period.
Collections are ‘on demand’ in that the resident would be required to contact Solo Resource Recovery to book a collection service during the campaign period and the allocation would be on a ‘first in’ registration basis until the vouchers are exhausted.
Collection Services must be provided Monday to Friday, excluding public holidays, between the hours of 7.00 am and 6.00 pm. All collections will be from an accessible kerbside position located outside the premises, close to the kerb line and clear of the road and footpath.
Residents can place up to 2 cubic metres of approved material (Attachment 2) out for collection (2m x 1m x 1m). Excess rubbish and excluded items will not be collected and removal will be the responsibility of the resident.
Disposal methods:
There are two options for the disposal of material collected kerbside.
The first is for Solo to process it. This option would see a higher collection cost as two vehicles will be required to collect the material. A flatbed truck is used to collect whitegoods and e-waste and a rear end loader is used for all other accepted material. The majority of material would be disposed to landfill.
The second option is that Solo can deliver the material to Eco Waste Solutions at Willaston where it can be sorted and recyclable material can be recovered. All material can then be collected by the rear end loader as Eco Waste Solutions will separate the material. This option would reduce the amount of material ending in landfill.
As suggested in the Hard Waste Option Paper (Attachment 1) 250 Vouchers could be available for residents in rural areas who will not be eligible for the hard waste kerbside collection. These vouchers would cover up to $75 of the cost of disposal at Springton Transfer Station or an approved venue as per the current voucher system. Summary and Conclusion
The introduction of a campaign collection for hard waste can potentially offer the following benefits:
- Assist residents in managing hard waste - Material on the footpath for minimal time as collections are scheduled - Council can control costs by controlling the number of collections per year - Reduction in illegal dumping - Council can facilitate material being diverted from landfill dependant on the disposal method
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- Offers an option for residents that are not able to transport hard waste to a disposal facility
The following challenges should also be considered:
- Limited collections could lead to resident dissatisfaction (500 collections and 250 vouchers made available to residential rate payers would allow 6.7% of ratepayers to access the service in some capacity.) - Service level favours township properties - Residents to manage excess waste (over and above described limit) - Illegal dumping could increase as residents attempt to piggy back on neighbour’s scheduled collection. - Rummaging by other residents can displace material resulting in localised pollution and obstruction of vehicle and pedestrian access.
With limited facilities available for the disposal of hard waste, this system would give residents another avenue to responsibly manage hard waste.
ATTACHMENTS OR OTHER SUPPORTING REFERENCES
Attachment 1 – Hard Waste Option Paper Attachment 2 – Example of letter confirming hard waste collection Attachment 3 – Confirmed Schedule of Rates for Hard Waste (Solo Resource Recovery) Attachment 4 – Eco Waste Solutions Pricing
COMMUNITY PLAN / CORPORATE PLAN / LEGISLATIVE REQUIREMENTS
Community Plan
Natural Environment and Built Heritage
3. We take a proactive approach in responding to key environmental challenges such as climate change, water security and waste management.
3.2 Collaborate with partners and our community to support innovative approaches to waste minimisation, and increase reuse and recycling opportunities.
Advocacy Plan 1. Working with the community, industry and government to build on the Barossa’s capacity to attract investment, improve services and encourage employment opportunities.
Corporate Plan 4.10 Facilitate access to hard and green waste facilities and associated recycling opportunities that reduce waste disposed to landfill and support the environment.
Legislative Requirements Local Government Act 1999 Environment Protection Act 1993 Green Industries SA Act 2004
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FINANCIAL, RESOURCE AND RISK MANAGEMENT CONSIDERATIONS
Breakdown of costing:
Using Eco Waste Solutions for disposal 500 collections by Solo using rear end loader @ $25.0058 per collection $12,502 Disposal (approx.) 150 tonnes of material x $240/tonne $36,000 $48,502 Using Solo Resource Recovery for disposal
500 collections by Solo using rear end loader @ $25.0058 per collection $12,502 500 collections by Solo using flatbed @ $32.3207 per collection $16,160 Disposal (approx.) - whitegoods, e-waste 100 tonnes x $115.4677/tonne $11,546 Disposal (approx.) - other materials 50 Tonnes x $105.5207/tonne $5276 $45,484
Vouchers 250 Vouchers available @$75 per voucher $18,750
All costs presented are excluding GST.
Eco Waste will sort and recover any recyclable material. Solo Resource Recovery will separate white goods and e-waste but majority of material will go to landfill.
Disposal tonnages are based on the maximum capacity of a 2m3 skip bin which is 300kg.
Collection and disposal costs for Solo Resource Recovery are taken from the schedule of rates within the Waste Management Services Contract (Attachment 3). Disposal at Eco Waste Solutions is charged as C+D Mixed Waste (Attachment 4)
Current budget for hard waste is $50,000. If this amount is not fully expended this financial year, the balance could be rolled over to next financial year. Further funds required could be taken from the refuse reserve which currently totals $169,016.
Risk Management
Garage Sale Trail Garage Sale Trail is currently part of Council’s Hard Waste solution however Council is only committed to the program until November 2021.
Garage Sale Trail promotes behavioural change with participants taking action to reduce or reuse material which aligns with Councils ‘Waste Less, Recycle More’ messaging. Scheme Waste Depot (E-waste) (The Fathers Farm Inc) Operating out of John Falland Australia located on Moppa Road South, Nuriootpa, The Fathers Farm Inc accept E-Waste from the community for recycling.
There is risk of closure at the current location and while the Fathers Farm Inc would seek to lease a new premises, there is no guarantee that this will allow the depot to continue current recycling activities at a new location.
COMMUNITY CONSULTATION Not required.
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8. CONFIDENTIAL AGENDA
8.1 EXECUTIVE SERVICES
8.1.1 SMART CITIES PROPOSALS
MOVED Cr de Vries
That Council:
(1) Under the provisions of Section 90(2) of the Local Government Act 1999, make an order that the public be excluded from the meeting with the exception of the Chief Executive Officer, Director Corporate and Community Services, Director Development and Environmental Services, Director Works and Engineering, Information and Technology Officer and the Minute Secretary , in order to consider in confidence a report relating to agenda item 8.1.1 ‘Smart Cities Proposals being information that must be considered in confidence as it is a submission in relation to the consultant services under Section 90(3)(k) of the Local Government Act being tenders for the supply of goods, the provision of services or the carrying out of works; and
(2) Accordingly, on this basis, Council is satisfied that public interest in conducting meetings in a place open to the public has been outweighed by the need to keep the information and discussion confidential to consider the commercial and pricing proposal of the submission.
Seconded Cr Johnstone CARRIED 2018-22/414
The meeting moved into confidence at 10.05am.
MOVED Cr de Vries
That Council:
(1) Council Resolution (2) Council Resolution (3) Council Resolution (4) Having considered this matter in confidence under Section 90(3)(k) of the Local Government Act 1999, makes an order pursuant to Section 91(7), that the agenda report and attachments of this report to the Confidential Council Meeting held on 16 March 2021 in relation to item Smart Cities Proposal be kept confidential and not available for public inspection and authorise the Chief Executive Officer to review and revoke the order.
Seconded Cr Boothby CARRIED CO2018-22/48
Resumption of open council meeting at 10.11am.
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8.2 ENVIRONMENTAL SERVICES
8.2.1 TENDER - BAROSSA BUSHGARDENS NURSERY DRAINAGE AND WATER RECYCLING PROJECT
MOVED Cr de Vries
That Council:
(1) Under the provisions of Section 90(2) of the Local Government Act 1999, make an order that the public be excluded from the meeting with the exception of the Chief Executive Officer, Director Corporate and Community Services, Director Development and Environmental Services, Director Works and Engineering, and the Minute Secretary , in order to consider in confidence a report relating to Section 90(3))k) of the Local Government Act 1999, relating to 8.1.1 Tender - Barossa Bushgardens Nursery Drainage and Water Recycling Project being tenders for the supply of goods, the provision of services or the carrying out of works; and
(2) Accordingly, on this basis, Council is satisfied that public interest in conducting meetings in a place open to the public has been outweighed by the need to keep the information and discussion confidential to prevent the disclosure of pricing and company information that could compromise a competitive procurement environment leading to poor tender outcomes and costs to Council.
Seconded Cr Boothby CARRIED 2018-22/415
The meeting moved into confidence at 10.11am.
Resumption of open council meeting at 10.13am.
MOVED Cr Boothby
That Council:
(1) Council Resolution (2) Having considered this matter in confidence under Section 90(2) of the Local Government Act (the Act) pursuant to Section 90(3)(k) of the Act being information related to the assessment of tenders for the supply of works and it not being in the public interest to release commercial information concerning pricing and company information so as to maintain competitive procurement practices, makes an order pursuant to Section 91(7) of the Local Government Act 1999, that the report, attachments and associated documents in relation to Confidential Item 8.2.1 of the Council Meeting held on 16 March 2021 and titled Tender - Barossa Bushgardens Nursery Drainage and Water Recycling Project be kept confidential and not available for public inspection and that the Chief Executive Officer be delegated the power to review and revoke this order and that upon execution of the contract pursuant to clause 91(8) of the Local Government Act Part 2 of the minutes shall be released.
Seconded Cr Barrett CARRIED CO2018-22/49
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8.3 DIRECTOR CORPORATE AND COMMUNITY SERVICES
8.3.1 TENDERS – ANGAS RECREATION PARK MULTI USE CHANGEROOM AND CLUBROOM EXTENSIONS AND UPGRADES – CONSTRUCTION – T0153-2021 and ANGAS RECREATION PARK JUNIOR OVAL CONSTRUCTION – T0152-2021 B11777
MOVED Cr Boothby
That Council: (1) Under the provisions of Section 90(2) of the Local Government Act 1999 an order be made that the public be excluded from the meeting with the exception of the Chief Executive Officer, Director Corporate and Community Services, Director Development and Environmental Services, Director Works and Engineering and the Minute Secretary, in order to consider in confidence a report relating to Section 90(3)(k) of the Local Government Act 1999 relating to the receiving, reviewing and assessing of the Tenders Angas Recreation Park Multi Use Changeroomand Clubroom Extensions and Upgrades – Construction – T0153-2021 and Angas Recreation Park Junior Oval Construction – T0152-2021, being information that must be considered in confidence in order to ensure that Council does not disclose information relating to tenders for the supply of goods, the provision of services or the carrying out of works; and
(2) Accordingly, on this basis, Council is satisfied that public interest in conducting meetings in a place open to the public has been outweighed by the need to keep the information and discussion confidential to prevent the unreasonable exposure of commercial in confidence information provided by tenderers through the tender process and the Council report, attachments and associated documents and to prevent an unfair advantage to a person with whom Council proposes to do business.
Seconded Cr Miller CARRIED 2018-22/416
The meeting moved into confidence at 10.13am.
MOVED Cr Boothby
That Council:
(1) Council Resolution (2) Council Resolution (3) Council Resolution (4) Council Resolution (5) Having considered this matter in confidence under Section 90(2) of the Local Government Act 1999, makes an order pursuant to Section 91(7), that the minutes, agenda report and all attachments and associated documents in relation to Confidential Council meeting held on 16 March 2021 in relation to item 8.3.1 and titled “Tenders – Angas Recreation Park Multi Use Change room and Clubroom Extensions and Upgrades – Construction – T0153-2021 and Angas Recreation Park Junior Oval Construction – T0152-2021”, other than the Minutes relating to the identity of the successful tenderers and this confidentiality order, be kept
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confidential and not available for public inspection until the end of all Tender Works and that the Chief Executive Officer be delegated the power to review and revoke this order. (6) Authorise the Chief Executive Officer to release information relating to the tenders in accordance with Section 91(8)(b) and 91(8)(ba) of the Local Government Act.
Seconded Cr Miller CARRIED CO2018-22/50 and
MOVED Cr Boothby
That Council:
(1) Council Resolution (2) Council Resolution (3) Council Resolution (4) Council Resolution (5) Having considered this matter in confidence under Section 90(2) of the Local Government Act 1999, makes an order pursuant to Section 91(7), that the minutes, agenda report and all attachments and associated documents in relation to Confidential Council meeting held on 16 March 2021 in relation to item 8.3.1 and titled “Tenders – Angas Recreation Park Multi Use Change room and Clubroom Extensions and Upgrades – Construction – T0153-2021 and Angas Recreation Park Junior Oval Construction – To152-2021”, other than the Minutes relating to the identity of the successful tenderers and this confidentiality order, be kept confidential and not available for public inspection until the end of all Tender Works and that the Chief Executive Officer be delegated the power to review and revoke this order. (6) Authorise the Chief Executive Officer to release information relating to the tenders in accordance with Section 91(8)(b) and 91(8)(ba) of the Local Government Act.
Seconded Cr Miller CARRIED CO2018-22/51
Resumption of open council meeting at 10.13am.
9. URGENT OTHER BUSINESS Nil
9.1 REQUEST – LEAVE OF ABSENCE
Pursuant to S73 of the Local Government Act 1999 Cr Troup disclosed an actual conflict of interest in the matter 9.1 – Request - Leave of Absence – Cr Troup as he is seeking a leave of absence which would result in a direct personal benefit (or loss) depending on whether such leave is granted.
Cr Troup left the meeting at 10.14am
MOVED Cr Miller
That Cr Troup be granted Leave of Absence from 14 April 2021 to 8 May 2021 inclusive.
Seconded Cr Johnstone CARRIED 2018-22/417
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Cr Troup returned to the meeting at 10.15am.
Pursuant to S73 of the Local Government Act 1999 Cr Miller disclosed an actual conflict of interest in the matter 9.1 – Request - Leave of Absence – Cr Miller as he is seeking a leave of absence which would result in a direct personal benefit (or loss) depending on whether such leave is granted.
Cr Miller left the meeting at 10.15am.
MOVED Cr Johnstone
That Cr Miller be granted Leave of Absence from 12 April 2021 to 7 May 2021 inclusive.
Seconded Cr Troup CARRIED 2018-22/418
Cr Miller returned to the meeting at 10.15am.
10. NEXT MEETING Tuesday 20 April 2021 at 9.00am.
11. CLOSURE OF MEETING Mayor Lange declared the meeting closed at 10.15am.
Confirmed at Council Meeting on 20 April 2021
Date:...... Mayor:......
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